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How do you force a tenant in common member to sell his undivided share on farm property?

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2005-10-14 12:59:39
2005-10-14 12:59:39

Generally the only option the person who wants to sell their share of the property has is to file a partition of property lawsuit. Depending upon the state laws and the number of owners, a lawsuit can be a complicated, lengthy, and costly process and is best handled by a qualified attorney.

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Yes, a tenant in common can place a lien on the property interest of another tenant in common.

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Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.Yes, you may. The new owner will own a one-half undivided interest as a tenant in common.

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If your name is on the deed as a grantee, then you have an ownership interest in the property. It may be tenant-in-common or joint tenant (with right of survivorship). In either case, you have an "undivided" co-ownership of the property.

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Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.Yes. You can leave your interest as a tenant in common in your will.

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Yes, that's the common obligation. Similarly, a landlord has to maintain a property in a habitable state and (roughly) in the condition it was in when the tenant moved in.

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No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.

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If you want the property to pass to the co-owner automatically if one owner dies then you should take title as joint tenants with the right of survivorship.a) Joint Tenants, with rights of survivorship (the title automatically passes to the survivor if one dies per above). Joint tenants do have a right of survivorship, but a joint tenant may sell or give away her interest in the property. If a joint tenant sells her interest in a joint tenancy, the tenancy becomes a tenancy in common, and no tenant has a right of survivorshipb) Tenants in Common: All tenants in common hold an individual, undivided ownership interest in the property. This means that each party has the right to alienate, or transfer the ownership of, his/her ownership interest. Tenants in common do not have a right of survivorship. In a tenancy in common, persons may sell or give away their ownership interest.

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No. The co-tenant cannot sell the property without your approval. Your signature will be required on any deed of sale of the property. If you don't want to sell, you may need to buy the interest of the co-tenant.

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If you have an undivided interest in property you cannot be forced to sell by the co-owners. Only a court can force a sale. Your parents would need to petition the court to partition the property. The court would divide the property if possible. If not possible then the property would be sold and the proceeds, after legal costs, would be divided amongst the co-tenants. A partition proceeding can be costly. However, your parents could sell their interest in the property to a third party who would then become your co-tenant in common.

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A tenant is someone who lives in a property in an agreement that they pay rent the property or room from a landlord.

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When two or more people purchase land, they can own it as 'joint tenants' or as 'tenants in common'. If they own it as joint tenants, they each own an equal share of the property. If one joint tenant dies, his/her share is extinguished and the remaining joint tenant(s) is/are the owner(s). The share of the deceased joint tenant does not become part of his/her estate. A husband and wife will usually own a property as joint tenants. If they own it as tenants in common, the share owned by each does not have to be equal. If one tenant in common dies, that share of the property becomes part of the estate of the deceased tenant in common. Usually the deed itself will state that the owners are either joint tenants or tenants in common.

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Yes. A joint tenant can petition for partition of the property by the court.

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Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.

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If property is not yet paid off, the living tenant must keep up with the mortgage payments or forfeit the dwelling to the next of kin.

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No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.

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It depends. The most common arrangement for tenants is for them to be "tenants in common," that is, equal parties to the lease. At common law, tenants in common have a duty not to infringe on the rights of the other tenants to access to the property. If one tenant kicked the other out in this arrangement, that would certainly be impermissible and the removed tenant could sue. On the other hand, if one tenant has some superior right to the property, for instance if one is the party to the lease with the landlord and the other tenant is a sublessee, then the party to the lease may have the right to kick out the sublessee. Keep in mind, this is at common law. Many states modify the common law by statute. You should consult a lawyer in your state to determine the correct answer for your state.

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If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.

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Yes. A joint tenant can convey their interest in real property and thus break the survivorship rights of the co-tenant. A tenant-by-the-entirety cannot defeat the survivorship rights of the co-tenant. In most jurisdictions, a divorce would automatically convert a T by E to a tenancy in common.

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No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.No. The life tenant no longer owns the property. The signature of the fee owners would be required as well as the signature of the life tenant.

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The owner of the property is called the the lessor or landlord. The person who is renting the property is called the lessee or tenant.

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Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.Generally:The life estate is an asset of the life tenant.The property is an asset of the remainder.

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No. One joint tenant is free to sell their own interestin the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.


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